On Nov. 15, 2021, the city of Des Moines, Iowa, passed a "ban-the-box" law to limit employer inquiries and background checks into an applicant's criminal history until after a conditional offer of employment. Though the law was passed and has already taken effect, it has received little fanfare and media attention despite its implications for employers.
The Des Moines city council unanimously passed the ordinance amending its municipal code to make it "illegal and discriminatory" for employers to: (1) include criminal history inquiries on an application, and (2) inquire into criminal history or conduct criminal background checks before a conditional offer of employment.
Under the law, employers may not:
The law defines the "application process" as beginning when the applicant inquires about the employment being sought and ends when the employer extends a conditional offer of employment. However, the law allows an employer to discuss the criminal record of an applicant if it is voluntarily disclosed by the applicant at an interview.
Additionally, employers are required to comply with all federal and state requirements relating to (1) authorizations for background checks, (2) the pre-adverse and adverse action process, and (3) the use of criminal...
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